AIR 2025 SUPREME COURT 646
CIVIL APPELLATE JURISDICTION
BENCH: SUDHANSHU DHULIA
Introduction
This case deals with the property which is transfer to the person by that person who does not have the right to sale that property.
Facts of the case
This is the matter after the independence during land reform came in 1975 where the big landlords who have excessive land can distribute it to poor farmer through state, here the dispute over approx. 53 acres land in Ranga Reddy district.
In 1982, the Bhavana society sign unregistered deal to a party whose register the deal with more party in those party there is a Mahnoor Fatima. In 2006 there perform a revalidation of 1982 with altered term.
After some year’s buyers purchase that land through sale deed and they claim possession nad the state later allotted the land Telangana state industrial infrastructure corporation(TSIIC).
After that when the TSIIC try to take possession the petitioner filed the writ petition in 2015under article 226 to seek the protection of property from dispossession.
Issues before the court
In above fact there are such issues which have dealt by the court are:
1. Is the unregistered agreement is the proof of ownership?
Judgements
The apex court said that, the unregistered agreement souls not give the right of ownership, in simple word if theperson could not confers the legal right to own any property then how it give or sale any property legally.
Revalidation of agreement is invalid because of the original one is void.
Also through the writ petition under article 226 is not lawful to protect your defective claims.
Ratio decidendi
Section 17 and section 49 of registration act of 1908
Conclusion
Through the above case we conclude it as who is not the owner of any property can’t sale, transfer, mortgage any type of property to any one or if any agreement were done through it then it will be void.
Author: Anchal Vishwakarma
2nd Year B.A. LL.B. Student
Prof. Rajendra Singh (Rajju Bhaiya) University, Prayagraj
